The lawyer for a Brooklyn man convicted of rupturing an elderly woman's eyeball when he kicked in her car's window in a post-Hurricane Sandy gas-line rage, Monday blamed the victim's severe injury on… the victim.
"Had her eyelid been closed, the impact would change massively… It likely would have caused a lesser injury but for this perfect storm of coincidences," attorney Brian Crow said.
Crow was seeking leniency for Derek Malloy, 50, convicted of attacking Cynthia Livingston, 66, during a dispute over who was next in line on Nov. 3, 2012.
"These coincidences were outside my client's control and contributed largely to the significance of the injury," Crow claimed.
Brooklyn Supreme Court Justice Miriam Cyrulnik responded, "You could add that if there hadn't been a hurricane that flooded the city, [the assault] wouldn't have happened."
She gave Malloy the maximum one-year sentence.
A jury convicted Malloy of misdemeanor assault last month but acquitted him of felony assault.
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